New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | April 20, 2022
In this edition of their Taxation column, Elliot Pisem and David E. Kahen discuss two recent cases in which federal tax rules were found to be unenforceable by reason of the government's failure to comply with the notice-and-comment requirement of the Administrative Procedure Act.
New York Law Journal | Analysis
By Kevin G. Faley and Andrea M. Alonso | March 15, 2022
This article takes look at several cases which address the issue of liability for sidewalk maintenance. The authors conclude that "the purpose underlying the enactment of the exemption in New York City Administrative Code §7-210 is to promote the safety of pedestrians making use of public walkways. Imposing a duty upon owners of real property to maintain the sidewalk abutting their property incentivizes the maintenance of sidewalks and creates safer walkways for pedestrians."
Daily Business Review | Profile
By Dan Roe | September 3, 2021
The former New York City administrative law judge had recently moved South to Surfside when her penthouse condominium collapsed in June.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | March 23, 2021
Native American tribes seeking to develop their land or control how it is used are finding that New York courts are becoming more and more involved in resolving the disputes that arise.
By Scott Graham | March 22, 2021
Three partners from Troutman Pepper, led by Goutam Patnaik, will add to the IP boutique's presence at the International Trade Commission. Partner Justin Wilcox is relocating from New York to manage the office and step up D.C.-area recruiting.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | January 26, 2021
A well-established subdivision tool allows developers to realize the full yield of their property while protecting environmentally-sensitive resources.
New York Law Journal | Analysis
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | January 25, 2021
Despite the clear dictates of 'Ahlborn' and 'Wos', practitioners in personal injury cases continue to face a difficult practical choice when dealing with social service agencies which intransigently refuse to follow federal law and the U.S. Supreme Court's binding precedents.
By Jacqueline Thomsen | January 6, 2021
Using the Congressional Review Act, lawmakers in a newly Democratic-controlled Congress could vote to quickly undo recent federal regulations adopted under Trump.
By Tom McParland | January 5, 2021
The civil complaint alleged that the rule was rushed out one week before the November presidential election, in a bid to "unilaterally rewrite federal and constitutional law" in order to favor national banks and lenders.
New York Law Journal | Analysis
By Martin A. Schwartz | January 4, 2021
In his Section 1983 Litigation column, Martin Schwartz joins jurists and academics who, over the last several years, have criticized the Supreme Court's qualified immunity jurisprudence, calling for its elimination or at least reform.
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